FRO - motion for reconsideration mean anything

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FRO - motion for reconsideration mean anything

Unread postby DumpedinFL » Thu Nov 02, 2017 11:11 pm

For an FRO, does a motion for reconsideration mean anything? I was hit with an FRO for cooking steak; which annoyed my wife who is vegetarian. She's divorcing me and won't even consider mediation. Absolutely no violence or illegal activity; which I thought is required to issue an FRO. The judge granted a hearing to my lawyer's motion for a reconsideration hearing. My lawyer thinks it means the judge knows he messed up and will rescind the FRO. I have hard time believing this judge will change his position one iota. Hearing is 2 weeks away. Does anyone know if my lawyer is correct? Or is the reconsideration hearing just a formality and the FRO will stick? Thanks
Last edited by DumpedinFL on Sat Nov 04, 2017 8:14 pm, edited 1 time in total.
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Re: FRO - motion for reconsideration mean anything

Unread postby Havalu7 » Sat Nov 04, 2017 1:34 am

Is this. ..could it be. ..the one and only. ..drum roll please.....

LENNY? Is that you? Squiggy’s side kick? Did you change your user name?

Seriously there can’t be two gents who came here that got jammed up over a sammich??

If it is not I’ll bite the sammich; and a REAL judge did what to you over something in between two pieces of bread?

Sniff sniff.
”No.” is a complete sentence.

Do not move out of your house.
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Re: FRO - motion for reconsideration mean anything

Unread postby DumpedinFL » Sat Nov 04, 2017 8:16 pm

Havalu, it's really a question about whether the judge allowing a reconsideration is positive or neutral. Thanks
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Re: FRO - motion for reconsideration mean anything

Unread postby Tom Kirkpatrick » Sun Nov 05, 2017 1:53 pm

DumpedinFL wrote:I was hit with an FRO.....Absolutely no violence or illegal activity; which I thought is required to issue an FRO.
In the ears of a sympathetic, family court judge, her word alone is all that's required:
"Better to err on the side of caution".....or words to that effect.

Was the FRO issued in family court??.....or criminal court??

At some point, you should've challenged the TRO. Because of you did, there would've been a formal hearing before the TRO became an FRO.

Tom
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Re: FRO - motion for reconsideration mean anything

Unread postby DumpedinFL » Sun Nov 05, 2017 6:40 pm

Tom, FRO was issued in family court, the part that deals w/ the domestic violence act. TRO never challenged until the Trial; didn't know it could be. Judge ruled I committed no violence and was expected to commit no violence. But that I could possibly cook another steak if allowed back into home. So he hit me with FRO. Question now is whether the judge allowing a reconsideration is positive or neutral; or just a formality. Thanks
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Re: FRO - motion for reconsideration mean anything

Unread postby Tom Kirkpatrick » Sun Nov 05, 2017 11:22 pm

DumpedinFL wrote:.....FRO was issued in family court.....
Was this a bona-fide judge??.....or something of a non-judge, like a magistrate or commissioner??

DumpedinFL wrote:.....the part that deals w/ the domestic violence act.
Seriously?? Is this what the judge cited??.....for cooking steak??

In specific terms, what does this act address?? You need to research this yourself. IMHO, I'd say you've got good cause to have the FRO set aside - judicial error.

Q: Where was your attorney on this??

DumpedinFL wrote:TRO never challenged until the Trial.....
Why not?? Didn't your attorney tell you that temporary orders usually become permanent at trial??

DumpedinFL wrote:But that I could possibly cook another steak if allowed back into home.
Judicial bias. The judge has no expertise to predict that with any degree of certainty.

Next time you see him, tell the judge he needs to take culinary sensitivity training. LOL

Tom
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Re: FRO - motion for reconsideration mean anything

Unread postby DumpedinFL » Sun Nov 05, 2017 11:33 pm

Tom, it's a real judge in family court that deals exclusively with matters under the domestic violence act; which of course a steak sandwich isn't. Wife did allege physical threats. But judge dismissed the physical threats b/c there was no physical incidents; just she felt I could do something physical. My attorney properly said it's a legal steak sandwich cooked because marriage was over and I enjoy this type of food. The judge said it annoyed wife and that I knew it would annoy wife and that's why FRO.
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Re: FRO - motion for reconsideration mean anything

Unread postby Campfire » Sun Nov 05, 2017 11:38 pm

Dumped,

Have you considered going vegan? Beans beans, the magical fruit...

Any chance you're lacto intolerant?
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Re: FRO - motion for reconsideration mean anything

Unread postby Tom Kirkpatrick » Sun Nov 05, 2017 11:40 pm

DumpedinFL wrote:The judge said it annoyed wife and that I knew it would annoy wife and that's why FRO.
This doesn't pass judicial muster.
The judge was looking for a reason to keep the TRO in force - aka, judicial bias. File a motion to set the FRO aside.

Have you got transcripts??

BTW - At the onset, you should've fought the TRO. Where was your attorney on this??

Tom
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Re: FRO - motion for reconsideration mean anything

Unread postby DumpedinFL » Mon Nov 06, 2017 12:17 am

Tom, if I lose motion for reconsideration, next step is an appeal. An appeal takes couple years and $30k or so. It's not cheap. I ordered all the transcripts, which were like $5k; which are needed to file an appeal. I'm really hoping judge changes his mind at the motion for reconsideration. Thanks
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